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2025 DAILYLAW 23120 (GAU)

SHRI. LALIT PRASAD, v. THE STATE OF NAGALAND

AB/6/2025 · 2025-05-14

Yarenjungla Longkumer

body2025

Judgment text

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Page No.# 1/3 GAHC020001042025 2025:GAU-NL:200 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH Case No. : AB/6/2025 SHRI. LALIT PRASAD, S/O SHRI TULSI PRASAD, HOUSE NO.35, RAMA JANAKI THAKURBARI AREA, DIMAPUR, NAGALAND VERSUS THE STATE OF NAGALAND NAGALAND Advocate for the Petitioner : ZAKATO CHISHI, MUGHAKA Advocate for the Respondent : P.P, NAGALAND, BEFORE HON'BLE MRS. JUSTICE YARENJUNGLA LONGKUMER O R D E R 15.05.2025 Heard learned counsel for the petitioner, Mr. Mughaka. It is submitted that the instant case has arisen out of marital dispute Page No.# 2/3 between the petitioner and his wife wherein the petitioner had filed a divorce petition against his wife before the Court of the Principal Judge Family Court, Dimapur. While the said matter was pending for settlement, the wife of the petitioner lodged an FIR dated 05.02.2025 under Section 82(1)/85/351(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023 read with Section 4 of the Dowry Prohibition Act. The petitioner has submitted that he is a permanent resident of Dimapur and hence there is no question of absconding or evading the investigation process. He accordingly prays that he may be granted pre-arrest bail. This Court vide Order dated 01.04.2025 had granted interim pre- arrest bail to the present petitioner/applicant with the condition that he shall cooperate and appear before the IO of the case as and when called for. That the accused shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case including the informant and her family members, so as to dissuade him/her from disclosing such facts to the Court or any Police Officer. Learned Public Prosecutor, Ms. Livika has appeared for the State respondents and stated that the petitioner had complied with the above directions and has not violated any of the terms of the interim pre-arrest bail granted on 01.04.2025. This Court has also perused the Case Diary and the Inquiry Report of the IO. Upon perusing the said documents in regard to the facts and circumstances of the case, this Court is of the view that the interim pre-arrest bail granted on 01.04.2025 can be regularized at this stage. Accordingly, the interim pre-arrest bail granted on 01.04.2025 is made absolute on the same terms and conditions, and the Page No.# 3/3 petitioner is directed to continue to cooperate with the investigation and appear as and when summoned by the IO. Petition is disposed. JUDGE Comparing Assistant